A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 26, 2012, the Defendant called the victim C and did not send money to the victim C in return for the payment of the bid price for the building awarded by auction.

If the balance is not paid, the auction deposit will be collected at a different date, and if there is only 30 million won, the auction deposit will be borrowed. It means that the auction deposit will be repaid within three days.

However, at the time of fact, the defendant was thought to use money from the injured party as living expenses, etc. even if he borrowed money from the injured party, and there was no intention or ability to repay within three days.

Accordingly, the Defendant, by deceiving the victim, received KRW 25 million from the victim to the Agricultural Cooperative Account (Account Number D) under the name of the same day from the victim, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on trading specification lists;

1. The grounds for sentencing under Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the Criminal Act for the selection of punishment are against the defendant, the amount of damage reaches 25 million won, and the principal of damage was not repaid, but 4.50,000 won was paid as interest, the victim wanted to punish the defendant, and the defendant's age, criminal records (no previous record exists), circumstances leading to the crime, and circumstances after the crime, etc., shall be determined as per the order, taking into consideration all the sentencing conditions specified in the arguments of this case.